Harpreet Singh Bhatiya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1471 of 2020 • Harpreet Singh Bhatiya S/o Gurudayal Singh Bhatiya Aged About 39 Years R/o Anupam Nagar, Ward No. 19, Rajnandgaon, Police Station Basantpur, Tashil And District Rajnandgaon, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : The Station House OfÏcer Police Station Police Chowki Anjora, P. S. Pulgaon, District Durg, Chhattisgarh.

---- Respondent For Applicant :

Mr. Punit Ruparel, Adv.

For Respondent/State :

Mr. Anil Tripathi, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 06/03/2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 126/2018 registered at Police Chowki Anjora, P.S. Pulgaon, District-Durg (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 34 of IPC.

2. The prosecution story, in brief is that, the present applicant along with another co-accused namely Sanjay Gupta has purchased the vehicle from the Mohd. Azhar and he is giving registration and insurance papers. The allegation is that the claim has been preferred before the Motor Accident Claim Tribunal of the insured Vehicle CG-04-KQ-9110, whereas Mohd. Azhar is submitted that he is not given any paper of insurance to the complainant, the same was prepared by the complainant itself. It is found that the present applicant

prepared forged insurance paper of the said vehicle. Based on this offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the main accused in similar nature of crime has already been granted anticipatory bail in MCRCA No. 1279/2018 so, the present applicant may also be granted benefit of bail. He next submits that the applicant is in jail since 13.01.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering the facts that the other co-accused has already been granted anticipatory bail and the applicant is in jail since 13.01.2020, and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge H.L. Sahu